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(영문) 광주지방법원 2019.01.17 2018고단4591
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2012, the Defendant was issued a summary order of KRW 1,500,000 by the Gwangju District Court for a crime of violation of the Road Traffic Act, and on February 13, 2016, by a fine of KRW 2,000,000 by the Gwangju District Court for a crime of violation of the Road Traffic Act, and on February 13, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

On November 16, 2018, at around 22:15, the Defendant driven a 200-meter DNA car from a Do to the front road located in Gwangju Mine-gu, where it is impossible to find out the parcel number in the 0.093% of alcohol level, while under the influence of alcohol level 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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